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Kenya: ODPC fines Whitepath KES 5M for non compliance with enforcement notice concerning unlawful direct marketing

The Office of the Data Protection Commission ('ODPC') announced, on 11 April 2023, via Twitter, its decision to issue a penalty notice of KES 5 million (approx. €33,800) against Whitepath company limited, a digital lending company, for failure to comply with an enforcement notice issued by the ODPC against it, following complaints. 

Background to the case

In particular, the ODPC stated that it had received around 150 complaints against Whitepath alleging that the company's applications accessed the complainants' mobile phone contacts and sent unsolicited messages to the same. In this regard, the ODPC noted that it had previously issued an enforcement notice, on 10 January 2023, against Whitepath, which the company had failed to comply with. 

Findings of the ODPC

As such, the ODPC found that Whitepath had failed to comply with its enforcement notice after its violation of data protection laws. 

Outcomes

Accordingly, the ODPC issued the aforementioned fine against Whitepath and noted that the Data Commissioner, Immaculate Kassait, urges businesses to protect personal data by design and by default, and cooperate with the ODPC to avoid penalties. 

You can read the announcement here